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If I am still married can I move my kids out of state with me without their father

Missouri |

I have been married for 10 years and been unhappy for 7. My husband is abusive mentally and physically and I want to move out of state with my kids to a friends. I can get a better paying job and I think the kids will love it there. Can I take my kids out of state without their farthers permisson if we are still married? I plan on filing for divorce when I get to the other state. Can he somehow make me bring the kids back to Missouri?

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Attorney answers 1


This is a very tricky area. Technically, you and your husband both have custody rights until there is a divorce judgment or custody order of some kind. This means that either of you could leave the state with the children. If you do so, he could certainly take the kids from you and bring them back to Missouri. In other words, with no order in place, you BOTH can do whatever you want to.

Another issue is that once you move to a new state, that state will have a different law about when you can even file for divorce. Here in Oregon you have to have been living here for 6 months before you can file for divorce. And, this can be much longer when there are children involved.

I would suggest that you find an attorney in the state you are planning on moving to. Create a list of questions you have (like the ones above) and then sit down with the attorney for an initial consultation. Ask all of your questions then so you can get the specific information you need to make an informed decision.

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